1A prisoner who is allowed to proceed in forma pauperis in this court will have his complaint screened
in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B). This screening procedure requires the court
to dismiss a prisoner’s civil action prior to service of process, regardless of the payment of a filing fee, if it
determines that the complaint is frivolous, malicious, fails to state a claim upon which relief may be granted,
or seeks monetary damages from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
JAMES EDWARD WHITE,
CIVIL ACTION NO. 2:05-CV-895-T
MONTGOMERY CITY JAIL, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
This is a 42 U.S.C. § 1983 action in which James Edward White challenges actions
taken against him at the Montgomery City Jail. Upon review of the complaint, the court
concludes that the Montgomery City Jail should be dismissed from this cause of action prior
to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i).1
The plaintiff names the Montgomery City Jail as a defendant in this cause of action.
A city jail is not a legal entity subject to suit or liability under section 1983. Cf. Dean v.
Barber, 951 F.2d 1210, 1214 (11th Cir. 1992). In light of the foregoing, the court concludes
that the plaintiff's claims against the Montgomery City Jail are due to be dismissed. Id.
Case 2:05-cv-00895-MHT-CSC Document 5 Filed 09/30/2005 Page 1 of 3
White v. Officer Bender et al (INMATE1)
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. The plaintiff's claims against the Montgomery City Jail be dismissed prior to
service of process pursuant to the provisions o